Podcast
Questions and Answers
When does a suspect have the right to an attorney at a physical lineup?
When does a suspect have the right to an attorney at a physical lineup?
- Before the commencement of criminal judicial proceedings
- Only if a grand jury indictment has been returned
- Only if a criminal complaint has been filed
- After the commencement of criminal judicial proceedings (correct)
What does the right to an attorney at a physical lineup include?
What does the right to an attorney at a physical lineup include?
- The right to have counsel present during the entire criminal proceedings
- The right to choose counsel of the suspect's choice
- The right to have counsel view the people in the lineup only
- The right to have counsel view what the witnesses say and do in the observation room during the lineup (correct)
When does a criminal action in California 'commence'?
When does a criminal action in California 'commence'?
- When counsel is appointed for the suspect
- When a grand jury indictment is returned
- When a criminal complaint is filed (correct)
- When a suspect is identified in a physical lineup
What should an identification procedure be composed of?
What should an identification procedure be composed of?
What is the recommended approach when conducting a photo lineup?
What is the recommended approach when conducting a photo lineup?
What is the requirement for the number of suspected perpetrators in an identification procedure?
What is the requirement for the number of suspected perpetrators in an identification procedure?
What should be done if an eyewitness identifies a person as the perpetrator?
What should be done if an eyewitness identifies a person as the perpetrator?
Which type of evidence stands on its own in a criminal proceeding?
Which type of evidence stands on its own in a criminal proceeding?
What should you avoid doing before an identification to maintain the reliability of eyewitness identification?
What should you avoid doing before an identification to maintain the reliability of eyewitness identification?
What should you avoid doing during an identification to maintain the reliability of eyewitness identification?
What should you avoid doing during an identification to maintain the reliability of eyewitness identification?
What is the requirement for participants in a lineup according to the text?
What is the requirement for participants in a lineup according to the text?
According to Penal Code Section 859.7, what is one of the minimum requirements for conducting a lineup or showup?
According to Penal Code Section 859.7, what is one of the minimum requirements for conducting a lineup or showup?
What is the difference between a lineup and a showup?
What is the difference between a lineup and a showup?
When should the eyewitness provide the description of the perpetrator of the offense?
When should the eyewitness provide the description of the perpetrator of the offense?
Which factor is NOT considered when deciding if a showup was too suggestive?
Which factor is NOT considered when deciding if a showup was too suggestive?
What is the purpose of a showup held shortly after the offense?
What is the purpose of a showup held shortly after the offense?
What can cause a six-pack photo array to be impermissibly suggestive?
What can cause a six-pack photo array to be impermissibly suggestive?
What should be avoided during a lineup to prevent drawing the witness' attention to the suspect?
What should be avoided during a lineup to prevent drawing the witness' attention to the suspect?
When documenting a witness' description, what is one suggestion to get a useful description before it is memorialized in a report?
When documenting a witness' description, what is one suggestion to get a useful description before it is memorialized in a report?
What is the general rule for an officer who detains a suspect pending a showup?
What is the general rule for an officer who detains a suspect pending a showup?
What are the three exceptions to the general rule of 'bring the witness to the suspect' when arranging a showup?
What are the three exceptions to the general rule of 'bring the witness to the suspect' when arranging a showup?
What is one suggestion for making a showup less 'suggestive'?
What is one suggestion for making a showup less 'suggestive'?
Which case rejected a per se rule of exclusion when police use a single photograph to establish a suspect's identity?
Which case rejected a per se rule of exclusion when police use a single photograph to establish a suspect's identity?
What factors should be considered when assessing the reliability of a witness's identification?
What factors should be considered when assessing the reliability of a witness's identification?
What conduct after the identification might be ruled suggestive?
What conduct after the identification might be ruled suggestive?
What must a prosecutor show by 'clear and convincing evidence' in order for the in-court identification to be allowed if the lineup or showup was unduly suggestive?
What must a prosecutor show by 'clear and convincing evidence' in order for the in-court identification to be allowed if the lineup or showup was unduly suggestive?
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